UNIVERSITY OF LETHBRIDGE FACULTY OF MANAGEMENT Spring 2008
GROUP TERM PAPER MANAGEMENT LAW 3010A (25% of course grade)
Submission date on or before Thursday MARCH.20. PENALTIES APPLY FOR
LATE SUBMISSION WITHOUT GOOD CAUSE. 5% PER DAY LATE
FOR GROUPS OF 3, PAPERS SHALL BE 2500-3000 WORDS; Groups
of 2 papers should be 2000-2400 words; Individual papers
1500-1750 Words.
WRITE AN ESSAY ON ANY ONE OF THE FOLLOWING TOPICS
YOUR ESSAY MUST CONTAIN REFERENCE TO CANADIAN CASE
LAW TO ILLUSTRATE YOUR STATEMENTS AND ARGUMENTS.
1. Referring to the Canadian Charter of Rights and
Freedoms, legislation, and the common law, examine
critically the contributions made by the positivist,
natural law, radical (Marxist and anarchist) and American
Realist perspectives to the understanding of any aspect(s)
of Canadian law.
2. Discuss critically Canadian law of professional
negligence. Consider special legal factors distinguishing
professionals from other persons in the law of negligence
in Canada.
3. Discuss the relationship between the doctrines of
promissory (equitable) estoppel and consideration, and
their relevance to the law of contracts. Consider whether
the doctrine of promissory estoppel has effectively
eliminated the doctrine of consideration from the law of
contracts in Canada.
4. Discuss critically “misrepresentation” as it affects the
law of contracts in Canada. Compare and contrast different
forms of misrepresentation.
5. Examine critically the nature and impact of exclusion
(or exemption) clauses in contract law. Consider the social
and economic value of such clauses. Consider, too, Canadian
judicial opinion of exemption clauses.
6. Examine critically the impact of the Charter of Rights
and Freedoms on any provincial or federal legislation in
Canada. Consider and comment on the argument that the
Charter usurps the power of elected members of legislatures
or Parliament.
Overleaf
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7. Smith spends the evening drinking with friends at
Gloria’s Tavern. All are under -age drinkers but, as usual
at Gloria’s, they were not asked to produce proof of age.
An hour before closing time, one of Smith’s companions,
Michelle, gets into a quarrel with three rough, intoxicated
individuals. Intervening as a peacemaker, Smith is drawn
into the quarrel and is informed by the three ruffians that
he will “get his” when they leave the premises.
Hearing these threats, two of the bouncers eject the three
ruffians, Smith and Michelle, in spite of her protest that
she is afraid for their safety. Such fear is well-founded
as one of the ruffians assaults her with a steel comb, with
the bouncers looking on from the tavern doorway.
Michelle is blinded in one eye. Smith is too intoxicated to
realize what is happening and is remonstrating with the
bouncers to retrieve his $900 cashmere coat, which he had
checked at the coat check upon his arrival at Gloria’s. One
of the bouncers retrieves the coat and throws it towards
Smith at the edge of the sidewalk. Smith fails to catch the
coat and it lands on the roadway. A passing car shreds it.
Failing to see Michelle, the group’s designated driver,
Smith sets off to walk home. Intoxicated, he stumbles into
the path of a passing car which was traveling at 10
kilometres an hour above the maximum speed limit. He
sustains serious back injuries.
Lying in traction, Smith has time to remember the sign
above the coat check counter “NOT RESPONSIBLE FOR LOSS OF
OR DAMAGE TO CHECKED ITEMS NO MATTER HOW CAUSED.” Having
recently enrolled in a law course at the University of
Lethbridge, Smith wonders whether that sign will affect the
success of his planned lawsuit against Gloria’s for the
destruction of his coat. Smith wonders too whether Michelle
and he will win their forthcoming lawsuit against Gloria’s
in respect of their serious personal injuries at the hands
of the ruffians and the passing car.
Examine relevant statutes, legal principles and case law.
Advise Smith and Michelle on their chances of success. If
successful, will they receive full damages for their loss?
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8. Discuss the “rule of law” in Canada and the role of
judicial review of government and administrative bodies or
tribunals exercising powers delegated by legislation.
9. Discuss critically the law of dismissal from employment.
Consider the influence of human rights statutes on
employment law, and differences between individual
employment law and collective bargaining with respect to
dismissal.
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